Category Archives: Move Away Case in Orange County

Custody and Relocation (Move Away) with Minor Children

Winternitz v. Winternitz is a move away case involving allegations of parental alienation. In this case a mother, who was first given permission to move to San Diego with her children after her divorce, filed a request to move to … Continue reading

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Custody and Moving to a New State

Although Jane J. v. Superior Court involved a custody dispute that was initiated in Wisconsin, the case is not about which state has jurisdiction of custody. FACTUAL BACKGROUND OF THE CHILD CUSTODY PROCEEDINGS The parties were married and had two … Continue reading

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When Parents Live in Different States, Which State Can Make Custody Orders?

      When one parent moves out of California to a different state with the minor children, the courts in California must decide which state has jurisdiction over the custody of the minor children. This was the situation of In re … Continue reading

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International Kidnapping Cases in Orange County, California

Noergaard v. Noergaard involved an international custody dispute, the Hague Convention, kidnapping allegations, due process, and domestic violence. All of which centered around the custody of minor children. FACTUAL BACKGROUND LEADING TO THE CUSTODY ISSUE The parents of the minor … Continue reading

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California Move Away Child Custody Requires a Trial de Novo When the Parties Have Joint Custody

In Niko v. Foreman, the court addressed whether a mother could relocate to Colorado with her twelve year old son when the father and mother shared joint physical custody and the father had the minor child fifty percent of the … Continue reading

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Child Custody Move Away Cases in California

The court in Brown v. Yana ruled that a father who does not have custody of a minor child can have an evidentiary hearing to determine whether a mother with sole legal custody and sole physical custody may move away. … Continue reading

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